You can file a complaint in most cases relating to social matters. The following is based on the assumption that the council has made
a decision you disagree with and thus want to file a complaint. Disclaimer: Danish Workfare Watch cannot be held responsible for any
incorrect information provided on these pages.
Before reading on you may want to view the Consolidation Act on Legal Protection and Administration in Social Matters
Part 7 - 11.
The council reconsiders
The complaint is addressed to the council at first, because the council has to reconsider it's own previous decision against the remarks
you've made on the matter in the complaint. The council may then alter the previous decision if you're right or partially right!
If the council gives in 100%, it has to make a new decision within four weeks of recieving your complaint.
If the council finds you partially right, it will notify you on this and ask you to declare, within four weeks, if you insist on
maintaining the complaint as it is. If you maintain the complaint the council will forward it the the social complaints board within two
weeks, along with the council's own position.
If the council refuses to alter it's previous decision at all, the complaint is sent to the social complaints board within four weeks,
stating on part of the council why the previous decision should not be altered.
In case the council is unable to complete it's reconsideration within four weeks, you are entitled to be informed as to the reason for this
and it must be stated when the reconsideration is expected to be concluded.
If the council appears to be
prolonging the processing beyond reason, and have an apparent interest in doing so, this is then considered a rejection according to
Forvaltningsloven which have status of a decision - even if the council hasn't made one or informed you of it. You may then forward the
complaint to the social complaints board, without awaiting the council's response. There's no precise stipulation stating when this is
the case, much depends on the quality of your argument when proposing this interupt to the social complaints board.
Urgent complaints. If a complaint is assesed as urgent when recieved by the council, it must reconsider immidiately and inform
you of the outcome. If the reconsideration does not lead to alteration of the previous decision, the complaint is turned over to the social
complaints board instantly. The chairman of the board will then decide if the complaint is urgent and should be processed as such.
Complaints regarding activation in forced labour schemes or other job creating measures are insured quick processing. The same applies to
cases that develop as a result of sudden personal (possibly financial) difficulties, if any delay in processing could/will lead to
substantial irreversable damages.
When preparing a complaint you're
advised to request (demand in fact) a copy of your case journal. The council may enter invalid information or twisted accounts of events
based on the case managers perception of you. Does it matter? Yes, the case journal could become part of the documentation the council sends
forward to the social complaints board, and if unchallanged this would be considered correct information - possibly slandering you as a
person. Should you come across such info in your case journal, do make sure it is noted that you disagree and demand your
version be stated in the journal as well.
When the board registers the complaint, you'll recieve a recipt shortly after and a copy of the council's arguments in the delivery letter to
the board. If you have additional comments or wish to make objections relating to the council's arguments you should forward these to the board
within 14 days of recieving the recipt; though this is not a formal time-limit.
If you need more time to prepare your arguments, you may have it by contacting the board. You can do so by phone, letter, fax or by
showing up in person during the board secretariat's opening hours.
The chairman of the board makes an effort to quickly determine if the complaint can be processed. This is done to insure the complaint
actually relates to questions within the framework of the social legislation. Many complaints filed by private individuals do not refer to
specific paragraphs - they only point at a perceived injustice. The chairman also determines if dispensation should be given in scenarios
where established time-limits have been breached by one or both parties involved.
Along side the recipt sent to you by the board, it is normally stated how much estimated time the processing might take (typically 2-6 months).
It varies a lot - often depending on whether the available information is sufficient to pass a decision. Additional information may have to be
extracted from the council, a former municipal council or other authorities and in some cases medical records may be included in the
processing.
You can object to extraction of information if you believe it could harm your case or find extraction of some specifics an invasion of
privacy. If you object you should notify the board within 14 days of recieving the recipt. Your position on privacy will be respected in
cases like council rejection of an application seeking some kind of dispursement, yet this may offset your case in a negative direction.
Any personal data provided to the board has confidential status and is regulated according to the Personal Data Law of 1st of July 2000. You
may ask (demand) the board to disclose all information it has on you at any time. If you do not respond within 14 days the board assumes
consent and will go ahead with retrieval of the nessesary information.
If the process takes longer than expected because of complications you'll be notified and informed as to why. The board passes a decision
in most cases in less time than the estimate.
The decision is announced simultaneously to plaintiff and council
You'll get a decision in writing. The board values transparency and makes sure the decision clearly states which components it is based on,
including how they are balanced. Furthermore it holds direct references to the legislation and it states if conceptional discussions relating
to the law have taken place. The board will, if contacted, respond to questions following the decision.
In addition to the decision you'll recieve a complaint guidance. It should be observed carefully if the complaint is to move on to The Social
Appeals Board - that is - if you're dissatisfied with the decision made by the complaints board.
Which complaints are processed by the social complaints board?
The complaints board will look at decisions relating to your rights and duties within the framework of the social legislation. Furthermore
the board will solve disputes between councils and district authorities regarding their obligations in accordance with the social legislation.
By the term "decision" one understands a deliberate conclusion by the council to a matter involving a concrete case (you), that is intended to have
legal validity for you and the council with reference to the decision's content (the wording or aim).
The term "decision" is also used in relation to deliberate conclusions that terminate a case, for example rejection of a case.
Cases the social complaints board cannot process
Outside the term "decision" are the so called "processual resolutions", that have no legal validity in their own right. Belonging to this
category are the likes of council postponement of case processing (if for example a deliberate conclusion cannot be reached because vital
information is missing), and also self imposed resumption of case processing.
Processual resolutions cannot be appealed (generally).
"Pronouncements of guidelines" are not included in the term "decision" either. These pronouncements may well be disclosed guidelines from a
council that include assessments of case variables, but do not intend to have legal validity for anyone. These pronouncements cannot be
appealed.
Recommendations and hearing responses have no legal validity (by their content) and thus not associated with the term "decision".
Cases the social complaints board can process
You may file a complaint on the content of a decision (the reality) and/or the manner in which a case has been handled (the formality).
By the reality one understands the decision's result, ex. if you're intitled to pension, and if so which type of pension.
By a formality complaint one understands possible council disregard of stipulations set for case management and processing.
The stipulations for case processing are proclaimed in "forvaltningsloven" and "Consolidation Act on Legal Protection and Administration
in Social Matters". These stipulations are thoroughly clarified and supplemented by the practices of the
Ombudsman and The Social Appeals Board.
You may file a complaint on the formality in connection with a decision, even if the reality complaint cannot be processed. However,
the formality can only become an issue once there is a (reality) decision in the case. The time limits for formality complaints are the same as reality complaints.
Decisions on disclosure of information may be challenged, even if there's no final conclusion to the case. There's no time limit.
The social complaints board will not process complaints relating to the council's general level of service. Such complaints are directed to
relevant members of the elect assembly of the city council or the district assembly.
Complaints concerning excessive case processing time, the behavior of council personnel etc.
A complaint, that concern disregard of stipulations set for case mangement, but solely the behaviour of the personnel, case
preparation, servicing and processing time, cannot be brought before the social complaints board. The latter about processing time may seem odd,
since it was stated earlier that the council only have limited time to process. However, that's processing a complaint on decision - this
relates to everyday management - thus belonging to matters of general service level.
The board's decision can be appealed - The Social Appeals Board
The Social Appeals Board is the highest level in the social complaints system. Let's put it this way - the decisions made by The Social
Appeals Board are almost the law. Interpretational difficulties or uncertainty by other authorities as to practices of the law will be
sorted out by The Social Appeals Board.
As stated in part 7 of the Consolidation Act on Legal Protection and Administration in Social Matters the
district social complaint boards are not really made up of professionals. The (v) members of the social complaints boards consist of members
approved by The Minister for Social Affairs based upon the recommendation of..
- (i) the association of municipalities in the county;
- (ii) the county authority;
- (iii) the Confederation of Danish Trade Unions;
- (iv) the Danish Employers Confederation;
- (v) the Danish Council of Organisations of Disabled People.
They should know what they're doing (most do), but can potentially make mistakes. Also, even if the appointed members reflect a political
balance, they may be under influence of trendy agendas pending within their own organization. So, even if the board members are committed to
processing complaints within the framework of the social legislation, we do see regional differences when these boards pass decisions. The
Social Appeals Board monitors the developments and steps in when the districts make a mess of it.
You're not garanteed processing by The Social Appeals Board just because you appeal - the case must involve a lot more of principal nature. The Social Appeals Board
have the following criteria for accepting an appeal..
- if the case is suitable for establishing guidelines for a particular domain of issues
- if the case is suitable for clarification of common practices
- if the decision made by the complaints board conflicts with the practices of The Social Appeals Board
- if the decision made by the complaints board reveals diffences of practice locally or regionally
- if the case relates to matters The Social Appeals Board has not previously passed decision on.
Your appeal is directed to the social complaints board, who'll need to reconsider the previous decision - just like the council's second
chance. The social complaints board usually reconsiders within two weeks and passes the written result on to you. If
the complaints board does not alter it's previous decision, the complaints board then forwards the case (including all documents) to The
Social Appeals Board. Here it is quickly assesed if the case meets the criteria listed above. You will be notified if The Social Appeals
Board will process the case.
It may be the
council that chooses to appeal, if the outcome of the decision by the social complaints board is to your advantage! The council could also appeal if
it needs clear guidelines for future case management or otherwise find the decision of the social complaints board unfeasible or vague.
The same conditions for appeal applies to the council authority as for you.
The case manager is actually your
opponent. Would you trust such a person with presenting you views correctly and with conviction? No, it is much better to ask a friend to make
notes of your arguments and let a party you trust write the complaint. You may even bring any assessor of your choice along to council meetings with the case
manager and let that person do the translation, unless you for some reason insist on an officially appointed translater.
